OSHA Instruction STP 2.21 December 12, 1981 Office of State Programs

Subject: Occupational Noise Exposure; Hearing Conservation Amendment, 29 CFR 1910.95

A. Purpose. This instruction informs the Regions and State designees that OSHA has promulgated an amendment to its Occupational Noise Exposure standards concerning Hearing Conservation Program requirements, effective August 22, 1981.

B. Scope. This instruction applies OSHA-wide.

C. Action. Each Regional Administrator shall ensure that D. of this instruction is followed and implemented.

D. Federal Program Change. This instruction describes a Federal program change which affects State programs. Each Regional Administrator shall:

1. Ensure that this instruction is forwarded to each State designee.

2. Provide a copy of the amendment to the State designee upon request.

3. Explain the technical content of Federal Register Notice (46 FR 42622), Occupational Noise Exposure, Hearing Conservation Amendment, to the State designee as requested.

4. Inform the State that adoption of amendments to State standards as effective as amendments to the Federal standard, 29 CFR 1910.95, Sections (c) through (s) and Appendixes A through I, is required within 6 months of the date of publication of the Federal standard in the Federal Register.

5. Inform the State that it may delay the effective date for provisions of its standard when the comparable Federal provisions have a delayed effective date, with the proviso that the delayed effective date of a State provision may be no later than the effective date of the comparable Federal provision.

6. Ensure that the State's progress in adoption and implementation of the standard is monitored and

OSHA Instruction STP 2.21 December 12, 1981 Office of State Programs

evaluated in accordance with the Field Operations Manual, Chapter XVII.

E. Background.

1. An amendment to 29 CFR 1910.95, Occupational Noise Exposure requiring a hearing conservation program under specified circumstances, was published in the Federal Register, Vol. 46, No. 11, on January 16, 1981. The amendment was to become effective on April 15, 1981, with various provisions being phased in over a 2-year period. However, in order to give the agency time to evaluate the numerous requests for clarification and petitions for administrative stay, OSHA acted by notices in the Federal Register April 10, 1981, May 29, 1981 and July 31, 1981, to defer the effective date of the amendment until August 22, 1981.

2. Portions of the hearing conservation amendment were again published in the Federal Register, Vol. 46, No. 162, on August 21, 1981. OSHA's action in this rulemaking:

a. Lifted the administrative stay on certain portions of the amendment,

b. Invited public comment on the continuation of the stay for other provisions,

c. Invited new information and comments on the merits of many provisions in the hearing conservation amendments,

d. Made certain technical corrections, and

e. Clarified many other provisions.

3. The plan States' responsibility in relation to this amendment is to provide for a standard as effective as 29 CFR 1910.95, Section (c) through (s) and Appendixes A through I to 1910.95, pages 42633-42638, August 21, 1981, Federal Register Notice. The States are not required at this time to promulgate provisions comparable to those provisions of the Federal standard

OSHA instruction STP 2.21 December 12, 1981 Office of State Programs

which are stayed. The stayed provisions are listed in paragraph VI of the "Supplemental Information" section, page 42632, August 21, 1981, Federal Register Notice.

4. Under 29 CFR 1953.23(a)(1), States are provided up to 6 months from promulgation of a Federal standard for adoption of comparable provisions. Until State adoption is effected, Federal OSHA will assume enforcement responsibility in all States.

Thorne G. Auchter Assistant Secretary

DISTRIBUTION: National and Regional Offices State Designees NIOSH Regional Program Directors